About Londyn Kate

 

Londyn Kate Terms of Use

Effective date: October 28, 2012
I.  Your Acceptance of These Terms of Use
PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY LONDYN KATE, LLC (“LONDYN KATE”). Your use of the Londyn Kate website (the “Site”) in any manner indicates an acceptance of these Terms of Use.
Use of the Site is governed by all applicable laws and regulations and by these Terms of Use.  These Terms  of Use form a legally binding agreement. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE EXIT AND DO NOT USE OUR SITE.
Unless a specific section of this Agreement specifies otherwise, all terms of this Agreement apply to all Members (defined below) and users of the Site, including without limitation, Members and users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), ARE NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

II.  Agreement Regarding Other Policies Referenced Herein
By agreeing to these Terms of Use, you also agree to and must abide by all of Londyn Kate's policies as stated in the Agreement and in the policy documents listed below (if applicable to your activities on or use of the Site), which are all incorporated herein by reference.

  • Fees Policy
  • Privacy Policy
  • Notice and Procedure for Making Claims of Copyright and Intellectual Property  Infringement

III.  Changes to the Terms of Use and Policies
Londyn Kate reserves the right to make any changes, at any time, to these Terms of Use and all policies referenced herein. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Londyn Kate from time to time. The changes and additional terms and conditions are incorporated into this Agreement by this reference, and, unless otherwise provided herein or in the applicable policy, they will be effective as of the date we post the revised version on the Site.
Your use of the Site or services following any such change or additions constitutes your acceptance of the revised Terms of Use and/or policies. Thus, it is important that you review our Terms of Use and policies regularly.
IV.  Membership Eligibility and Requirements
To take advantage of all of Londyn Kate's services provided on the Site, you must open an account (“Member Account”) and become a Londyn Kate member (“Member”).  Below are terms related to Member eligibility and requirements. 

  • Age

Londyn Kate's services provided on the Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Londyn Kate may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Londyn Kate's services only with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the Member and is responsible for any and all activities.

  • Compliance

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes in the sale or purchase of any goods sold on the Site.

  • Password

When you open a Member Account, you must provide a password.  Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain your password confidential. You agree to immediately notify Londyn Kate of any unauthorized use of your password or any breach of security. You also agree that Londyn Kate cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Londyn Kate, unless Londyn Kate provides express written permission.

  • Member Account Information

You must keep your Member Account information up-to-date and accurate at all times, including a valid email address. To sell items on the Site, you must also open a “Seller Account” and provide and maintain an email address and a valid PayPal account.  (Unless otherwise specified herein, Member Account and Seller Account are collectively referred to herein as “Member Account”).

  • Member Account Transfer

You may not transfer or sell your Member Account and Member ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

  • Right to Refuse Service

Londyn Kate's services are not available to temporarily or indefinitely suspended Members. Londyn Kate reserves the right, in Londyn Kate's sole discretion, to cancel unconfirmed or inactive Member Accounts. Londyn Kate reserves the right to refuse service to anyone, for any reason, at any time.
V.  Sale of Goods Through the Site
Members are provided the opportunity to become Sellers (“Sellers”) and sell their unique goods on the Site to other Members (“Members”). 
A.  Londyn Kate's Involvement
Londyn Kate acts as a storefront to allow Sellers who comply with Londyn Kate's Terms of Use and policies to offer, sell and buy certain goods.  Except to assist in the Checkout of goods purchased through the Site, Londyn Kate otherwise is not directly involved in the transactions between Members and Sellers. As a result, Londyn Kate has no control over the quality, safety, morality or legality of any aspect of the items listed on the Site, the truth or accuracy of the listings, the ability of Sellers to sell goods or the ability of Members to pay for goods. Londyn Kate does not pre-screen Members or the content or information provided by Members.
Londyn Kate cannot ensure that a Member or Seller will actually complete a transaction.  Consequently, Londyn Kate does not transfer legal ownership of goods from the Seller to the Member.
Londyn Kate cannot guarantee the true identity, age, gender and nationality of a Member. Londyn Kate encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional Member verification.
B.  Terms and Policies for Sellers
1.  Fees and Services
Londyn Kate helps make it easier for you to sell your goods on the Site, as Londyn Kate will process all Sellers' sales through PayPal. In return for Londyn Kate's services, Londyn Kate and PayPal charge a percentage of the total sale price when an item sells, as provided in more detail in Londyn Kate's Fees Policy, which is incorporated into this Agreement by reference and subject to the terms of this Agreement.
            2.  PayPal Account
To sell items on the Site, all Sellers must open a Seller Account and provide and maintain an email address and a valid PayPal account.
3.  Sales Tax
Policy:  As a Londyn Kate partner and Seller, you remain responsible for including a sales tax on sales and remitting such sales tax to the appropriate taxing authority according to each state's laws.  It is your responsibility as the Seller to report and remit these taxes to the appropriate taxing authority.  LONDYN KATE IS NOT RESPONSIBLE FOR REPORTING AND REMITTING TAXES TO THE APPROPRIATE TAXING AUTHORITY ON YOUR BEHALF.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding payment of any and all taxes applicable to any sales of items you make through the Site (excluding any taxes on your net income from sales through the Site). 
Procedure:  When establishing a price for an item, you must include information regarding collecting sales tax on the item.  Some items may not be taxable or some sales may not be taxable depending on the location of the Member.  If a Member uses a coupon code to apply a discount to their order during Checkout, then the sales tax will be calculated from the new discounted price.  When a sales tax is collected in a sale, Londyn Kate will disburse the net amount due to you pursuant to the Fees Policy, which will include the sales tax collected on the sale. You are responsible for remitting the sales tax to the appropriate taxing authority. 
While Londyn Kate provides a means to apply taxes to your sales, we do not warrant that these tax amounts will fully satisfy your sales and use tax reporting obligations.  For a final determination on these matters, please seek assistance from your tax advisor.
4.  Listing and Selling
Listing Description: By listing an item on the Site, you warrant that you and all aspects of the item comply with Londyn Kate's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Store Policies: All Sellers will have a designated “store” on the Site for their goods.  In their stores, all Sellers are urged to outline store policies for the sale of their goods. These policies may include, for example, sales or use tax, shipping, returns, exchanges and selling policies. Sellers must also include in their “stores” any warranties or disclaimers regarding their goods. LONDYN KATE DOES NOT PROVIDE SHIPPING, RETURN SERVICES, EXCHANGE SERVICES, WARRANTIES OR DISCLAIMERS FOR ANY GOODS SOLD ON THE SITE.
Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with Londyn Kate's Site-wide policies. Sellers are responsible for enforcing their own reasonable store policies. Londyn Kate reserves the right to request that a Seller modify a store policy.

  • Binding Sale

All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Member in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Member fails to meet the terms of the Seller's listing (such as payment method), or (b) the Seller cannot authenticate the Member's identity.

6.  Fee Avoidance
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Londyn Kate transaction fees, misrepresent the item's location, or use another Member's account without permission.

C.  Terms and Policies for Members

1.  Binding Sale
All sales are binding. The Member is obligated to deliver appropriate payment for items purchased.

2.  Individual Seller's Store Policies
All Sellers are urged to outline store policies for the sale of their goods, including, for example, sales or use tax, shipping, returns, exchanges, and selling policies, and Sellers must include information regarding any warranties or disclaimers regarding their goods.  As a Member, you must abide by a Seller's policies, and you are subject to all of the Seller's warranties and disclaimers.  LONDYN KATE DOES NOT PROVIDE SHIPPING, RETURN SERVICES, EXCHANGE SERVICES, WARRANTIES OR DISCLAIMERS FOR ANY GOODS SOLD ON THE SITE.

  • Sales Tax

On each purchase through the Site, the Seller may apply a sales tax amount on applicable sales, or you may be required to pay a use tax depending on your state laws.  As the Member, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding payment of any and all taxes applicable to any purchases of items you make through the Site.  For a final determination on these matters, please seek assistance from your tax advisor.

VI.  Prohibited and Infringing Items and Activities
You are solely responsible for your conduct and activities on the Site, as well as any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, and items that you publicly post and display on the Site (collectively, “Member Content”).  LONDYN KATE IS NOT RESPONSIBLE OR LIABLE FOR ANY MEMBER CONTENT POSTED BY YOU OR ANY OTHER MEMBER OR USER OF THE SITE. 

You are also solely responsible for the accuracy of your “Personal Information” that you submit to Londyn Kate and/or on the Site.  “Personal Information” is information that identifies you personally, either alone or in combination with other information available to us. Examples of Personal Information include your name, address, email address, telephone number, and the information you provide when you open a Member Account (including a Seller Account) or make a purchase through the Site, including credit card and shipping information. 

Your Member Content, Personal Information and use of the Site shall not:
1.  Be false, inaccurate or misleading;
2.  Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
3.  Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Londyn Kate's Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement);
4.  Violate this Agreement, any policy referenced herein, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
5.  Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
6.  Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Londyn Kate staff or other Members), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false Member Account or any other method or device;
7.  Be obscene or contain child pornography;
8.  Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
9.  Host images not part of a listing;
10.  Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;
11.  Appear to create liability for Londyn Kate or cause Londyn Kate to lose (in whole or in part) the services of Londyn Kate's ISPs or other suppliers;
12.  Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents referenced herein;
13.  Be used to use or attempt to use another's Member Account without authorization from Londyn Kate;
14.  Falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym;
15.  Include any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and
16.  Contain software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Londyn Kate and the Site or any Member or user of the Site.

Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using Londyn Kate's service) that could cause Londyn Kate to violate any applicable law, statute, ordinance or regulation, or that violates these Terms of Use.

VII.  Member Content and Contributions
A.  License to Use Member Content
You retain all intellectual property rights and ownership in the Member Content that you create. Except as may otherwise be provided in the Privacy Policy, to enable Londyn Kate to use your Member Content on the Site without violating any rights you may have in your Member Content, you agree to grant Londyn Kate a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any Member Content you submit to Londyn Kate, without any further consent, notice and/or compensation to you or to any third parties.
Any information you submit to Londyn Kate is at your own risk of loss. By providing Member Content to Londyn Kate and to the Site, you represent and warrant that you are entitled to submit the Member Content and that the content is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Londyn Kate profile information accurate and updated.  

  • Deletion of Member Content

You may request that Londyn Kate delete your Member Content at any time. However, be advised that Member Content that you have shared with other Members or users on the Site, which the Members or users have not deleted, or which the Members or users copied or stored, may not be deleted.

  • Re-Posting Member Content

By posting Member Content on the Site, it is possible for an outside website or a third party to re-post that Member Content. You agree to hold Londyn Kate harmless for any dispute concerning this use.

  • Contributions to Londyn Kate

By submitting ideas, suggestions, concepts, techniques or data to the services, documents, and/or proposals (“Contributions”) to Londyn Kate through the Site's suggestion or feedback webpages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Londyn Kate is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Londyn Kate shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Londyn Kate may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Londyn Kate all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Londyn Kate under any circumstances.

VIII.  Member-to-Member Communication and Sharing
Ideas that you post and Member Content or Personal Information that you publicly share may be seen and used by other Members and users of the Site, and Londyn Kate cannot guarantee that other Members or users will not use the ideas and Member Content that you share. Therefore, if you have an idea, Member Content or Personal Information that you would like to keep confidential and/or do not want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not publicly post it on the Site. LONDYN KATE IS NOT RESPONSIBLE FOR A MEMBER'S OR USER'S MISUSE OR MISAPPROPRIATION OF ANY MEMBER CONTENT OR INFORMATION, INCLUDING PERSONAL INFORMATION, YOU POST ON THE SITE.

IX.  Copyright or Intellectual Property Complaints
Londyn Kate respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please follow our Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement.

X.  Privacy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein and subject to the terms of this Agreement. Before using our Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy.

XI.  Personal Information Obtained From Other Londyn Kate Members
As part of a transaction, you may obtain Personal Information, including email address and shipping information, from another Member. Without obtaining prior permission from the other Member, this Personal Information shall only be used for that transaction or for Londyn Kate-related communications. Londyn Kate has not granted you a license to use the Personal Information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Member, you are not licensed to add any Member to your email or physical mailing list. For more information, see Londyn Kate's Privacy Policy.

XII.  Access and Interference
The Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Londyn Kate by Members or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, unless Londyn Kate provides prior express written permission.

XIII.  Londyn Kate's Intellectual Property

  • Copyrights and Other Intellectual Property

Unless otherwise indicated, the Site and the design, text, source code, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site (the “Site Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Site Content and intellectual property rights therein are the property of Londyn Kate and are protected pursuant to applicable copyright, patent, trademark and other intellectual property laws.
Permission is granted to the extent necessary to lawfully access and use the Site and to display, print, or download portions of the Site on a temporary basis and for your personal use only, provided that you (i) do not modify the Site Content; (ii) retain any and all copyright and other proprietary notices contained in the Site Content; (iii) do not copy or post the Site Content on any network computer or broadcast the Site Content in any media; and (iv) do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used on the Site.  Londyn Kate reserves all other rights in and to its intellectual property.

  • Trademarks

The Londyn Kate name and logo, “Where There's A Woman, There's a Way” slogan, and any and all other trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Londyn Kate (the “Marks”). You are not authorized to display or use the Marks in any manner without Londyn Kate's prior written permission.

Additionally, you are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other trademark owners, if any, featured on the Site without the prior written permission of such owners.

XIV.  Other Businesses
The Site may contain links to other websites that are owned and operated by third parties.  You acknowledge that Londyn Kate is not responsible for the operation of or the content located on or through any such third-party websites. An advertisement of, or link to, an unrelated third-party website does not mean that we approve, endorse or accept any responsibility for that website. Londyn Kate does not make any representations or give any warranties of any kind about other third-party websites, the content thereof, or the products and/or services made available through such websites. Before you use a third-party website, you should take a few minutes to review the applicable terms and conditions and privacy policy.

XV.  Disclaimers of Warranties
EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED HEREIN, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LONDYN KATE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LONDYN KATE DOES NOT CONTROL OR VET MEMBER CONTENT OR PERSONAL INFORMATION FOR ACCURACY. LONDYN KATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT (INCLUDING MEMBER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, LONDYN KATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LONDYN KATE DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. LONDYN KATE DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. LONDYN KATE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT (INCLUDING MEMBER CONTENT) AND MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
IN ADDITION, LONDYN KATE NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO LONDYN KATE.
LONDYN KATE ALSO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, INFORMATION (INCLUDING PERSONAL INFORMATION) AND MEMBER CONTENT.  SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

XVI.  Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LONDYN KATE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE PERFORMANCE OF THE PRODUCTS PURCHASED OR SERVICES ADVERTISED THROUGH THE SITE; (3) THE CONDUCT OF OTHER MEMBERS OR USERS OF THE SITE; OR (4) ANY INFORMATION (INCLUDING PERSONAL INFORMATION), CONTENT (INCLUDING MEMBER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES ADVERTISED OR INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, EVEN IF LONDYN KATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST LONDYN KATE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF LONDYN KATE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, LONDYN KATE'S LIABILITY SHALL NOT EXCEED US$100.00.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Your statutory rights as a consumer, if any, are not affected by these provisions, and Londyn Kate does not seek to exclude or limit liability for fraudulent misrepresentation.

XVII.  Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AGAINST AND HOLD LONDYN KATE AND (AS APPLICABLE) LONDYN KATE’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, MEMBERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY OTHER MEMBER OR THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS AND POLICIES IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; (3) ANY SERVICES OR PRODUCTS THAT YOU ADVERTISE THROUGH THE SITE; AND (4) ANY INFORMATION (INCLUDING PERSONAL INFORMATION), CONTENT (INCLUDING MEMBER CONTENT), MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES POSTED BY YOU ON THE SITE OR OTHERWISE MADE AVAILABLE BY YOU THROUGH THE SITE.

XVIII.  Termination
A.  Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Londyn Kate pursuant to Section XX. This notice will be effective upon Londyn Kate processing your notice. Londyn Kate may terminate this Agreement and your Member Account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Member Account includes disabling your access to the Site and may also bar you from any future use of the Site.

B.  Termination by Breach
Without limiting any other remedies, Londyn Kate may, without notice, and without refunding any fees, delay or immediately remove Member Content, warn Londyn Kate's community of a Member's actions, issue a warning to a Member, temporarily suspend a Member, temporarily or indefinitely suspend a Member's account privileges, terminate a Member's Member Account, prohibit access to the Site, and take technical and legal steps to keep a Member off the Site and refuse to provide services to a Member if any of the following apply:
1.  Londyn Kate suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a Member has breached this Agreement, the Privacy Policy, or other policy documents incorporated herein;
2.  Londyn Kate is unable to verify or authenticate any of your Personal Information or Member Content; or
3.  Londyn Kate believes that a Member is acting inconsistently with the letter or spirit of Londyn Kate's policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to Londyn Kate's Members or to Londyn Kate.

C.  Effect of Termination
Upon the termination of your Member Account, you lose access to Londyn Kate's services on the Site. Sections XV through XVII and XIX through XXV shall survive any termination, as well as all applicable terms related to post-termination actions provided in this Agreement, Privacy Policy or other policies incorporated herein.

XIX.  Governing Law, Disputes and Attorneys' Fees

  • Governing Law

This Agreement is made under, and shall be interpreted and enforced in accordance with, applicable federal laws and the laws of the State of Colorado, United States, without giving effect to those principles of conflict of laws which might otherwise require the application of the laws of another jurisdiction or country, including, without limitation, any treaty to which the United States may be a party and the United Nations Convention for the International Sale of Goods. 

  • Mediation and Arbitration

Except as provided in Sections XVIII (Termination) and XIX(C) (Injunctive Relief), in the event that there is a controversy, disagreement or dispute between you and Londyn Kate related to the formation, interpretation, performance, enforcement, breach or subject matter of this Agreement, the designated representatives of each of the parties hereto shall immediately confer and devote their efforts to resolving any such dispute reasonably, and in good faith.  If such controversy, disagreement or dispute cannot be resolved informally, the matter shall first be submitted for non-binding mediation to a mutually selected impartial third-party mediator (such costs to be borne equally between the parties).  If the controversy, disagreement or dispute cannot be resolved through non-binding mediation, the matter shall be submitted for binding arbitration to a mutually selected impartial third-party arbitrator.  Mediation and arbitration shall take place in Denver, Colorado, unless both parties mutually agree on another location.  In the event you and Londyn Kate are unable to agree upon a mediator or arbitrator, the parties consent to the appointment of the same by the American Arbitration Association.  Any award rendered in arbitration shall be in writing and shall be final and binding on you and Londyn Kate, and judgment may be entered thereon in any court of competent jurisdiction.

  • Injunctive Relief 

Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief.

  • Attorneys' Fees and Costs

In any action brought to enforce any of the provisions of this Agreement, the party which receives a final judgment or award following the exhaustion of, or expiration of time for taking, all appeals, and which substantially prevails on the claims and defenses raised in the action, shall be entitled to recover its attorneys' fees and costs incurred at arbitration, trial and in any appeal of such claims and defenses, including any fees and costs incurred prior to commencement of said proceedings.  In the event each party prevails on some claims or defenses, you and Londyn Kate agree that the arbitrator or trial court shall determine which is the “prevailing” party on each claim or defense entitled to an attorneys' fees and costs awarded hereunder and the resulting portion of the total attorneys' fees and costs award, if any, each party is entitled to recover from the other.

XX.  Notices
Except as explicitly stated otherwise, any notices to Londyn Kate shall be given by certified mail, postage prepaid and return receipt requested to:
Londyn Kate, LLC
Attn: Legal
P.O. Box 202682
Denver, CO 80220

Notice to Londyn Kate shall be deemed given three days after the date of mailing.

Additionally, except as explicitly provided in the Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement, Londyn Kate accepts service of process at the address provided in this section on Notices. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

In your case, Londyn Kate may give you notice by email to the email address you provide to Londyn Kate (either during the registration process or when your email address changes). Notice to you shall be deemed given 24 hours after the email is sent, unless Londyn Kate is notified that the email address is invalid. Alternatively, Londyn Kate may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Londyn Kate. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Londyn Kate's Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement.

XXI.  Entire Agreement
This Agreement, along with the policies referenced herein, constitute the entire agreement between you and Londyn Kate, and the provisions hereof shall supersede any and all prior agreements or understandings relating to the same subject matter. 

XXII.  Waiver; Severability
Failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or any other term hereof.  If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

XXIII.  No Agency
You and Londyn Kate are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

XXIV.  Captions
The captions and headings used throughout this Agreement are for reference only, and do not expand, limit or in any way affect the meaning or interpretation of any provision hereof.

XXV.  Binding Effect
This Agreement shall be binding upon and benefit the parties hereto, their representatives and permitted assigns.

Questions Regarding These Terms of Use
If you have any questions or concerns regarding these Terms of Use, please contact Londyn Kate by email or postal mail:

Londyn Kate, LLC
Attention: Legal
P.O. Box 202682
Denver, CO 80220
info@londynkate.com

 


 

Londyn Kate Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement

Effective date: August 27th, 2012

Londyn Kate has adopted the following general procedure for copyright and intellectual property infringement on the Londyn Kate website (the “Site”) in accordance with U.S. intellectual property laws and the Digital Millennium Copyright Act of 1998 (“DMCA”). Londyn Kate will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Londyn Kate's Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided herein.

Londyn Kate may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Londyn Kate removes or disables access in response to such a notice, Londyn Kate will make a good-faith attempt to contact the allegedly infringing party (“Alleged Infringer”) so that they may make a counter notification.

  1. Copyright Infringement
    1. Procedure for Reporting Copyright Infringement

To file a copyright infringement notification with Londyn Kate, you will need to send us a communication that complies substantially with the following (please consult your legal counsel or see Section 512 of the U.S. Copyright Act to confirm these requirements):
a.  Your communication to us must be in writing, and sent by regular mail, fax, or electronic mail.
b.  You must identify in sufficient detail each copyrighted work that you believe is being infringed upon. For example, if the work appears on a web page, a description of the work and a URL would be appropriate. If the work is a book, the title of the book, the author, and the ISBN number would be sufficient identification.
c.  You must identify the material that you claim is infringing on the copyrighted work described above, and information reasonably sufficient to permit us to locate the material.  For listings on the Site, please provide the item number.
d.  You must provide Londyn Kate with information reasonably sufficient to permit Londyn Kate to contact you, such as an address, telephone number, and, if available, an electronic mail address.
e.  You must include a statement that is substantially as follows: “I have a good faith belief that use of the copyrighted material as I have described in this notification is not authorized by the copyright owner, its agent, or the law.”
f.  You must include a statement that is substantially as follows: “I believe that the information in this notification is accurate, and I swear, under penalty of perjury, that I am the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.”
g.  The notification must be signed, either physically or electronically, by the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

 

Such written notice must be sent to Londyn Kate's Designated Agent as follows:
Londyn Kate, LLC
Re:  DMCA Notification
P.O. Box 202682
Denver, CO 80220
U.S.A.

OR

Email to:
info@londynkate.com

Please also note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including attorneys' fees and costs.

    1. Removal of Allegedly Infringing Material

Once a proper, bona fide infringement notification is received by the Designated Agent, Londyn Kate may remove or disable access to the material infringing upon the copyrighted work. If Londyn Kate removes or disables access to content in response to an infringement notice, Londyn Kate will make reasonable attempts to promptly notify the Alleged Infringer that Londyn Kate has removed or disabled access to the material. Repeat offenders will have all material removed from the Site and Londyn Kate will terminate such Alleged Infringer's access to the Site.

    1. Procedure to Supply a Counter-Notice to the Designated Agent

If you are an Alleged Infringer who believes that the material that was removed or to which access was disabled is not infringing upon a copyright, you must send a counter-notice, pursuant to 512(g)(2) and (3) of the DMCA. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below (please consult your legal counsel or see Section 512 of the U.S. Copyright Act to confirm these requirements):

1.  The communication must be in writing, and sent by regular mail or electronic mail.

2.  You must identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including item numbers.

3.  You must include a statement that is substantially as follows: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

4.  You must provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or in the judicial district in which Londyn Kate is located, if your address is outside of the United States), and that you will accept service of process from the person who notified Londyn Kate of the allegedly infringing material under Section 512 (c)(1)(C) of the U.S. Copyright Act, or an agent of such person.

5.  The counter notification must be signed, physically or electronically, by you.

Such written notice must be sent to Londyn Kate's designated agent as follows:

Londyn Kate, LLC
Re:  DMCA Counter Notification
P.O. Box 202682
Denver, CO 80220
U.S.A.

OR

Email to:
info@londynkate.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages, including attorneys' fees and costs.

  1. Other (Non-Copyright) Intellectual Property Infringement

Other (non-copyright) notices of potential infringement should include (1) a statement as to the intellectual property or right potentially infringed; (2) proof of ownership of the rights at issue; (3) identification of the URL or item number at which the potentially infringing material may be found; and (4) your name, a street address, telephone number, and email address where you can be reached. The notice should be in writing and signed, and sent via regular mail to the following address:
Londyn Kate, LLC
Re:  Non-Copyright Infringement Notification
P.O. Box 202682
Denver, CO 80220
U.S.A.

OR

Email to:
info@londynkate.com

 


 

Londyn Kate Fees Policy

Effective date: August 27th, 2012

Londyn Kate helps make it easier for you, as a seller, to open up an account (“Seller Account”) and sell your goods on Londyn Kate's website (the “Site”). Londyn Kate will process all of your sales through PayPal, collect the fees discussed herein, and then disburse to you the net sale amount owed to you.  

This Fees Policy is incorporated into and subject to all the terms provided in the Terms of Use.

I.  Fees and Taxes
            A.  Fees
You are responsible for paying all fees and applicable taxes associated with using the Site.
In return for Londyn Kate providing a venue for you to sell your goods and processing your sales through PayPal, Londyn Kate and PayPal will charge certain fees on the “Total Sale Price” of each item you sell.  “Total Sale Price” for each item includes (1) the price you have selected for the item, (2) plus shipping fees and costs, (3) plus the applicable sales tax as discussed in the Terms of Use.
For each item that you sell, the following fees will apply:

  • Londyn Kate will charge you a fee of 3.5% of the Total Sale Price of each item you sell, when the item is sold. 
  • PayPal will charge Londyn Kate a fee of 2.9% of the Total Sale Price, plus $0.30, for each item that you sell, when the item is sold.  The fee charged by PayPal to Londyn Kate will be deducted from the total amount paid to you (“Net Sale Amount”).

In sum, for each item that you sell, the following fees will apply to arrive at the Net Sale Amount paid to you:

Total Sale Price (Includes the Price, Shipping Fees and Costs, and Taxes)
MINUS     2.9% + $0.30 of the Total Sale Price (PayPal Fee Charged)
MINUS     3.5% of the Total Sale Price (Londyn Kate Fee)
________________________________________________


Net Sale Amount Paid to You
When you list an item, you have an opportunity to review and accept the fees that you will be charged.  Unless otherwise stated, all fees are quoted in U.S. Dollars (USD).

B.  Taxes
As provided in the Term of Use, you must pay all applicable taxes to the appropriate taxing authority.  Thus, when you receive the Net Sale Amount, which will include the applicable sales taxes collected on the sales, you are responsible for using that money to pay the appropriate taxing authority.
While Londyn Kate provides a means to apply taxes to your sales, we do not warrant that these tax amounts will fully satisfy your sales and use tax reporting obligations.  For a final determination on these matters, please seek assistance from your tax advisor.

II.  Payment of Net Sale Amount to Seller
When you open a Seller Account, you will be required to, among other things, provide your email address and set up and maintain a PayPal account so that Londyn Kate can disburse all Net Sale Amounts owed to you directly into your PayPal account. On the 15th of each month, following the month in which you open a Seller Account, Londyn Kate will deposit into your PayPal account the Net Sale Amount payable to you for all of the items that you sold through the Site the preceding month. 

III.  Change in Fees and Services
Changes to this Fees Policy are effective after Londyn Kate provides you with at least fourteen (14) days' notice by posting the changes on the Site. Londyn Kate may, at Londyn Kate's sole discretion, change some or all of Londyn Kate's services at any time. In the event Londyn Kate introduces a new service and charges a fee for that new service, the fees for that service are effective at the launch of the service.

IV.  Fees and Termination
If you or Londyn Kate terminate one of your listings, Seller Account, or Londyn Kate Member Account, you remain obligated to pay Londyn Kate for all fees charged for items sold before the termination of the listing or account(s), plus any penalties, if applicable. If you do not pay all fees that have been charged before termination of the listing or account(s), you risk penalties, such as the suspension of privileges and/or termination of the account(s) and other collection mechanisms (including retaining collection agencies and legal counsel).

 

Questions Regarding These Terms of Use
If you have any questions or concerns regarding this Fees Policy, please contact Londyn Kate by email or postal mail:
Londyn Kate, LLC
Attention: Legal
P.O. Box 202682
Denver, CO 80220
info@londynkate.com


 

LONDYN KATE, LLC, Promotional Code Terms & Conditions

Please note that these terms and conditions apply to those promotions where you must redeem a promotion code as part of the offer from Londyn Kate, LLC (the “Sponsor”). When redeeming a promotion code advertised on our website, please click the applicable link on the product detail page to read specific promotion details.
Here's how to save:

  1. Shop--add the items you want and that qualify for the promotion offer to your Shopping Cart.
  2. Checkout--click the "Checkout” button, enter your shipping information, and select a payment method for the balance of your order.
  3. Save--locate and enter the claim code, then proceed with placing your order to receive your savings.
  4. Promotion Code:
    • The promotion code is subject to all of Londyn Kates’  terms and conditions.
    • The promotion code is valid for a limited time only. Sponsor reserves the right to modify or cancel it at any time.
    • Each promotion code can be used only once, unless otherwise specified.
    • The promotion is subject to all restrictions set forth in the offer.
    • If the promotion has a minimum purchase requirement, taxes, gift-wrap, and shipping and handling charges do not apply toward the minimum purchase amount.
    • The promotion applies only to orders shipped to the same address.
    • The promotion code is not transferrable and may not be resold.
    • If you return items purchased using a promotion code, Londyn Kate will subtract the value of the promotion code from your return credit.
    • Promotion codes may not be combined with other offers.
    • Limit one promotion code per customer.
    • Void where prohibited.
    • If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply.

 

 

 


 

Londyn Kate Privacy Policy

Effective date: August 27th, 2012

We Respect Your Privacy!
Londyn Kate cares about and respects the privacy of our Members' personal information. We understand our Members furnish sensitive information to Londyn Kate and expect privacy and security. Londyn Kate is committed to treating such information responsibly.

The following Privacy Policy covers the “Personal Information” we collect through this website, www.londynkate.com (“Site”). “Personal Information” is information that identifies you personally, either alone or in combination with other information available to us. Examples of Personal Information include your name, address, email address, telephone number, and the information you provide when you register an account (“Member Account”), including a Seller Account (defined below), on the Site or make a purchase on the Site, including shipping information.

This Policy does not apply to the practices of third parties that Londyn Kate does not own or control, or individuals that Londyn Kate does not employ or manage.

This Privacy Policy is part of and subject to the Terms of Use that govern your use of the Site.

I.  Your Consent to This Privacy Policy

Please take a few minutes to review this Privacy Policy. By accessing or using the Site, you are agreeing to the terms of this Privacy Policy. IF YOU DO NOT AGREE TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY, PLEASE EXIT AND DO NOT USE THE SITE.

II.  Changes to This Privacy Policy

Londyn Kate may update this Privacy Policy from time to time, and our use of the Personal Information we collect is subject to the terms of the Privacy Policy then in effect.  The changes will be effective as of the date we post the revised version on the Site. Whenever we make a change, we will post the updated Policy on the Site, and your use of the Site following any such change constitutes your consent to the terms of the revised Privacy Policy.  Thus, it is important that you review our Privacy Policy regularly.

III.  Personal Information We Collect When You Use the Site

Information You Provide. Londyn Kate collects the Personal Information you knowingly provide when you use the Site, including information that you provide at the time of account registration on the Site.  If you would also like to retain an account to sell goods on the Site (“Seller Account”), Londyn Kate will ask for your email address and personal PayPal account information, in addition to other information needed to open a Member Account (Member Account and Seller Account are collectively referred to herein as “Member Account”).  Your username, ID or alias is displayed throughout the Site (and so available to the public) and is connected to all of your activity on the Site. Other people can see your items for sale, store, feedback, ratings and associated comments. You have the option to publicly display your full name. 

Information Sent to Us by Your Web Browser. Londyn Kate collects information that is sent to us automatically by your Web browser. This information typically includes the IP address of your Internet service provider, the name and version of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. Please check your browser if you want to learn what information your browser sends or how to change your settings.

Cookies and Similar Technologies. We use “cookies” and other Web technologies to collect information and support certain features of the Site. For example, we may use these technologies to collect information about the ways visitors use the Site, to support the features and functionality of the Site, and to personalize your experience when you use our Site.  This information also allows us to maintain the proper functionality of our online shopping carts and the Site in general.

Generally, the information we collect using these Web technologies does not identify you personally. If, however, you have created a Member identity, for example, by making a purchase, we may link this information we collect using Web technologies to other information that identifies you personally.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. You may also delete our cookies as soon as you leave our Site. Although you are not required to accept our cookies when you visit our Site, if you set your browser to reject cookies, you will not be able to use all of the features and functionality of the Site.

Supplemental Information. From time to time, Londyn Kate may supplement the Personal Information you give us with information from other sources, such as information validating your address or demographic information based on your zip code. We may also supplement the Personal Information you give us with information we collect from you through other channels.

IV.  How We Use Your Personal Information

Generally.  Personal Information provided at the time of Member Account registration on the Site is stored securely by Londyn Kate. We use the Personal Information we collect through the Site:

  • to provide the information or services you request;
  • for security, credit or fraud prevention purposes;
  • to provide you with effective customer service;
  • to provide you with a personalized experience when you use the Site;
  • to contact you with special offers and other information we believe will be of interest to you;
  • to contact you with information and notices;
  • to invite you to participate in surveys and provide feedback to us;
  • to better understand your needs and interests;
  • to improve the content, functionality and usability of the Site;
  • to improve our products and services; and
  • to improve our marketing and promotional efforts.

 
Service-related Announcements.Londyn Kate will send you a welcome/confirmation email when you create a Member Account. Receipt of this email is required for using Londyn Kate's services.We will send you service-related announcements on rare occasions when it is necessary to do so.

You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your Member Account by emailing info@londynkate.com from the email address you signed up with.

Administrative Messages.  Londyn Kate may periodically email you with administrative messages. We will not sell or rent your Personal Information to third parties for their marketing purposes without your explicit consent. Your Personal Information may be combined with information Londyn Kate collects from other companies and used to improve and personalize services, content and advertising. If you do not wish to receive administrative messages or participate in these programs, simply opt-out by emailing info@londynkate.com.

Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Site and Londyn Kate's services, and you are responsible for reviewing such notices for changes.

V.  With Whom We Share Your Personal Information

Except as provided below, we will not disclose, sell, or trade your Personal Information to third parties.  We never sell our Members' data to anyone, and all Personal Information is held strictly confidential. If we wish to disclose, sell or trade your Personal Information to a third party, except for in the situations provided below, we will offer you the means to consent to this new use via an e-mail or written request prior to any such use.  

Compliance With Laws and Protection of Londyn Kate's Rights and the Rights of Others. Londyn Kate may disclose Personal Information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. Londyn Kate may also disclose Personal Information to prevent or investigate a possible crime, such as fraud or identity theft, to enforce or apply our Terms of Use or other agreements and policies, or to protect our own rights or property or the rights, property or safety of our Members or others. 

Londyn Kate may also disclose Personal Information to parties in compliance with Londyn Kate's Notice and Procedure for Making Claims of Copyright and Intellectual Property Infringement, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

Administrative Needs.  Londyn Kate employs other companies and people to perform tasks on our behalf and may need to share your Personal Information with them to provide services to you. Examples include, but are not limited to, handling fee disputes and collections, analyzing data, providing marketing assistance and providing customer service.  Londyn Kate may share aggregated demographic information with business partners.

Transfer of Londyn Kate's Assets.  Londyn Kate may disclose your Personal Information and other information you provide to another third party as part of a sale of the assets of Londyn Kate, a subsidiary or division, or as the result of a change in control of Londyn Kate. Any third party to which Londyn Kate transfers or sells Londyn Kate's assets will have the right to continue to use the Personal Information and other information that you provide to Londyn Kate, and you will be subject to any new privacy and other policies implemented by such third party.

VI.  Payment Information

We do not retain your confidential payment information for online purchases. You will need to enter this information each time you place an order.

VII.  Information Sharing and Disclosure

When you post a message, your username, Londyn Kate ID or alias is visible to other Members. If you post Personal Information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

The Site permits Members to sell items and advertise their services to other Members. Due to the nature of Londyn Kate's business model, you may share Personal Information, such as an email or shipping address, with a Member that is related to a transaction. Pursuant to Londyn Kate's Terms of Use, you have a limited license to use this Personal Information. This information should only be used for Londyn Kate-related communications or for Londyn Kate-facilitated transactions. Londyn Kate has not granted you a license to use the Personal Information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Member, you are not licensed to add any Londyn Kate Member to your email or physical mailing list.

 

VIII.  Third Parties

Except as otherwise expressly included in this Privacy Policy, this policy addresses only the use and disclosure of Personal Information Londyn Kate collects from you. If you disclose your Personal Information to others, including other Members, different rules may apply to their use or disclosure of the Personal Information you disclose to them. Londyn Kate does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Londyn Kate is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. We encourage you to ask questions before you disclose your Personal Information to others.

IX.  Your Options

In General. We respect your right to make choices about the ways we collect, use and disclose your Personal Information. In most cases, we will ask you to indicate your choices at the time we collect your Personal Information. We will also include an “opt-out” link in each electronic newsletter or promotional email we send you, so that you can inform us that you do not wish to receive such communications from us in the future.

You May Ask Us to Remove Your Personal Information From Our Mailing Lists. If at any time you wish to be taken off our mailing lists, please contact us. Please provide your full name, mailing address and email address so that we can find you on our mailing lists. You may also ask to be removed from our general direct marketing mailing lists.

Rights to Access, Correct and Eliminate Personal Information.  You have a right to access, modify, correct and eliminate the data you supplied to Londyn Kate. If you update any of your Personal Information, we may keep a copy of your Personal Information that you originally provided to us in our archives for uses documented in this policy. You may request deletion of your Personal Information at any time by contacting Londyn Kate customer service. We will respond to your request within 30 days. Please note, however that Personal Information you have shared with others, or that other Members have copied, may also remain visible even if you request its deletion.

Closing Your Member Account.  You can close your Member Account (including your Seller Account) through your Londyn Kate account. If you close your Member Account, we will remove your name and other Personal Information from our publicly viewable database. If you close your Member Account, we have no obligation to retain your Personal Information, and may delete any or all of your account information and Personal Information without liability. However, we may retain certain data contributed by you if Londyn Kate believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. Londyn Kate may also retain and use your Personal Information if necessary to provide our services to other Members. For example, just as an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your account, emails or other communications you send through the Site to other Members, as well as your contributions to the Site, may remain visible to others after you have closed your Member Account. Similarly, other information you have shared with others, or that other Members have copied, may also remain visible. Londyn Kate disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information, including Personal Information, or any obligation not to delete the information, including Personal Information.

X.  Security

As computer security breaches at the highest levels of the federal government have shown, unfortunately no one can unconditionally guaranty that Personal Information will not be comprised by illegal, determined hackers or thieves. Nevertheless, to reduce the risk of unauthorized access, maintain data accuracy, and ensure the correct use of your Personal Information, your Member Account is protected by a password. You are responsible for maintaining the secrecy of your unique password and Member Account information, and for controlling access to your email communications at all times.

Further, Londyn Kate has appropriate, industry-standard, physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect on the Site. Additionally, all credit card transactions are handled securely through PayPal's servers.

XI.  Children

The Site is not directed nor targeted to children under the age of 18. We do not use the Site to knowingly solicit data from or market to children under the age of 18. If you are under the age of 18, do not provide us with any Personal Information. If we learn that someone under 18 has provided Personal Information to the Site, we will use reasonable efforts to remove such Personal Information from our databases.


Questions Concerning This Privacy Policy

If you have any questions or concerns regarding this Privacy Policy, please contact us by email or postal mail:

Londyn Kate, LLC
Attention: Legal
P.O. Box 202682
Denver, CO 80220
info@londynkate.com


 

LONDYN KATE, LLC, PUMPKIN PICTURE CONTEST OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE OR WIN THIS CONTEST.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER, PARTICIPATE OR WIN THIS CONTEST.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

THIS CONTEST IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50 UNITED STATES AND WASHINGTON D.C. ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE 50 UNITED STATES AND WASHINGTON D.C.  PLEASE DO NOT ENTER IF YOU ARE NOT A LEGAL RESIDENT OF, AND NOT LOCATED IN, THE 50 UNITED STATES OR WASHINGTON D.C. AT TIME OF ENTRY.  OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AS OF THE DATE OF ENTRY.  VOID WHERE PROHIBITED.  BY ENTERING THIS CONTEST, AN ENTRANT WILL BE DEEMED TO ABIDE BY AND CONSENT TO THESE OFFICIAL RULES.  AN ENTRANT MUST CONTINUE TO COMPLY WITH ALL TERMS AND CONDITIONS OF THESE OFFICIAL RULES THROUGHOUT THE CONTEST PERIOD.  INTERNET ACCESS AND EMAIL ADDRESS REQUIRED TO ENTER.  FREE INTERNET ACCESS IS AVAILABLE AT MANY PUBLIC LIBRARIES.  REGISTRATION ON www.LondynKate.com is required.

Please read these Official Rules before entering this Contest.  You agree that, by submitting an entry, you will be bound by these Official Rules and acknowledge that you satisfy all eligibility requirements.

1.         BRIEF CONTEST OVERVIEW: the Londyn Kate Pumpkin Picture Contest (the “Contest”) starts on October 29, 2012 at 8:00 A.M. MT and ends on October 31, 2012 at 6:00 P.M. MT (the “Contest Period”).  The Contest offers participants the opportunity to register and win prizes (“Prizes”), subject to verification.  Individuals must participate in the Contest online. Regardless of method of participation, participants are limited to playing the Contest, i.e., submitting their response, a maximum of one (1) time during the Contest Period.  One winner will each be able to win one (1) promotion code redeemable for twenty-five dollar ($25) toward any purchase on www.LondynKate.com (the “Prize”).  Limit: a maximum of one (1) Prize per household address.  The sole sponsor of the Contest is: Londyn Kate, LLC, a Colorado limited liability company P.O. Box #202682 Denver, CO 80220 (“Sponsor”).

 

2.         HERE'S HOW TO ENTER: As stated, the Contest Period starts on October 29, 2012 at 8:00 A.M. MST and ends on October 31, 2012 at 6:00 P.M. MST.  You must participate online during the Contest Period.  To participate, prior to the end of the Contest Period, post a photo of your carved pumpkin on your Facebook page and tag Sponsor (https://www.facebook.com/LondynKate). Once a winner is selected, Sponsor will, within 5 Business Days of the end of the Contest, be in touch with winner on Facebook to obtain or confirm winner’s contact information and send winner the Prize. By posting the photo as set forth above, and entering the Contest, Contestant participants consent to receiving future promotional and other materials from Sponsor and its affiliates. Participants also consent to the use of your information and/or image, without compensation, on Sponsor’s website, blogsite or in its advertisements.  Limit one (1) entry per household. If more than one (1) entry is posted per household, only the first such entry received will be eligible to win. 

3.         ELIGIBILITY:  The Contest is open only to legal residents of the 50 United States and WashingtonD.C. who are at least eighteen (18) years old at the date of entry. Officers, directors and employees of Sponsor and its affiliates, and their immediate family members and/or those living in the same household of each are not eligible to win. All federal, state and local laws and regulations apply. Void where prohibited by law.

4.         HOW WINNERS ARE CHOSEN: Submissions will be viewed, evaluated and judged by Sponsor from time to time.  The winner will be chosen from all eligible entries received during the Sweepstakes Period and announced on November 1, 2012. Odds of winning will depend upon the number of eligible entries received. Sponsor will post winner names via email and on sites including: https://www.facebook.com/LondynKate.  All winning Prize winners are subject to verification and compliance with these Official Rules as determined by Sponsor, whose decision is final and binding in all matters pertaining to this Sweepstakes. Be sure to check your email because if you are a potential winner, you will receive an email informing you how to claim your Prize. Check your Spam filters routinely to assure that Sweepstakes email messages have not been caught in your filter

6.         PRIZES & APPROXIMATE RETAIL VALUES: Once a participant has won a Prize, the participant will not be permitted to win another Prize.  Regardless of the Prize won, all costs and expenses not specifically included within the description of the Prize is solely each winner’s responsibility. All federal, state and local taxes are solely the responsibility of each winner. Prizes are not redeemable for cash, nor are they transferable. Prizes won with a value greater than $600 (if any) by persons who are eligible entrants but considered minors in their state of residence may be awarded to a parent or legal guardian who must sign and return all required documentation outlined herein, and otherwise comply with all requirements imposed on the winner set forth herein. If a potential winner is found to be ineligible, declines to accept a Prize, or if Sponsor is unable to contact a potential winner after reasonable efforts, or in the event that a Prize confirmation or Prize is returned as undeliverable, the Prize will be forfeited. Before being declared a winner, a potential winner (or parent/legal guardian where applicable) may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release an IRS W-9 form within seven (7) business days from the time it is postmarked as having been sent by Sponsor or its representative, or the Prize will be forfeited. Applicable taxes, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are solely the responsibility of the winner. Unclaimed Prizes will not be re-awarded. By accepting a Prize, winners consent to the use of their name, addresses, voices and statements relating to the Contest or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law. 

 

Prize

Description of Prize

Qty

Approximate
Retail Value (ARV)

Total Maximum ARV

 

 

$25.00 Promotion Code

1

$25.00

$25.00

 

Process for Prizes:

  • When the winner is contacted they will be provided a code, redeemable on www.LondynKate.com (the “Promotion Code”).
  • The Promotion Code is valid only until January 1, 2013.  Sponsor reserves the right to modify or cancel it at any time.
  • Each Promotion Code can be used only once, unless otherwise specified.
  • If the Contest has a minimum purchase requirement, taxes, gift-wrap, and shipping and handling charges do not apply toward the minimum purchase amount.
  • The Promotion Code is not transferrable and may not be resold.
  • If you return items purchased using a Promotion Code, Londyn Kate will subtract the value of the Promotion Code from your return credit.
  • Promotion Codes may not be combined with other offers.
  • Void where prohibited.

 

7.         GENERAL: No substitution or transfer of a Prize by winner permitted. All taxes are the sole responsibility of winner. By accepting Prize, winner (or parent/legal guardian if winner is deemed a minor in his/her state of residence) agrees to hold Sponsor and its parent companies, subsidiaries, affiliates directors, officers, employees and assigns, harmless against any and all claims and liability arising out of use of the Prize. Winners (or parent/legal guardian if winner is a minor) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any Prize. Entrants (or parent/legal guardian if entrant is a minor) agree to release, discharge and hold harmless Sponsor and its parent companies, subsidiaries, affiliates directors, officers, employees and assigns, harmless from and against any and all liability and damages. By participating in this Contest, entrants (or parent/legal guardian if entrant is a minor) agree to be bound by these Official Rules and the decision of the Sponsor which is final. If there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. All material submitted becomes the sole property of Sponsor and will not be returned. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the Prizes. In no event will more than the stated number of Prizes be awarded.

8.         WINNERS: For the names of the winners, available after November 1, 2012, send a separate, stamped, self-addressed to Londyn Kate, LLC P.O. Box #202682 Denver, CO 80220 to be received by November 30, 2012.

9.         NOTICE TO ONLINE ENTRANTS: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Not responsible for faulty, incorrect or mistranscribed phone transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person's computer related to or resulting from participating in or experiencing any materials in connection with the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user's ability to participate in the Contest. Sponsor reserves the right to cancel or modify the Contest if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor or its affiliate or representative, in their sole discretion. In the event of termination of the Contest, a notice will be posted online and Prizes will be awarded solely to those participants with eligible entries received prior to termination. Any damage made to the web site will be the responsibility of the authorized email account holder of the email address submitted at the time of entry. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the account holder fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

10.       MISCELLANEOUS: Sponsor is not responsible for illegible, lost, late, incomplete, stolen, misdirected, postage due, or undeliverable email or postal mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor is not responsible for any typographical or factual errors, incorrect or inaccurate information, whether caused by any web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest and assume no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical or factual error, theft or destruction or unauthorized access to any web site(s). Additionally, Sponsor bears no liability for acts of force majeure or other acts which interfere with the intended proper administration, operation and fulfillment of the Contest. Sponsor is not responsible for any injury or damage, whether personal or property, to participants' or to any person's computer related to or resulting from participating in the Contest. If, for any reason, Sponsor in its sole discretion, believes that the Contest is not capable of running as intended, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest in a manner it deems fair and reasonable, including the selection of winners from among eligible entries received prior to said cancellation, termination, modification or suspension. If there is a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the case of an individually-owned domain, the owner of the domain name will be deemed the “authorized account holder”.

By accepting a Prize, each winner releases and agrees to indemnify and hold harmless Sponsor  from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Contest or acceptance of a Prize, or arising out of participation in any Contest or Prize-related activity, whether hosted by Sponsor or a third party.

By registering and entering the Contest, participants agree to abide by these Official Rules as stated herein and the decisions of Sponsor which are final and binding in all matters pertaining to the Contest. In no event will more Prizes be awarded than are stated in these Official Rules. If due to technical, typographical, printing, mechanical or other errors, there are more potential Prize winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winners. Except where prohibited, by participating in the Contest, participants agree that: (a) except as otherwise specifically set forth in these Official Rules, any action arising out of or relating to these Official Rules or the rights and obligations of any participant and/or Sponsor shall be filed exclusively in the United States District Court for the District of Colorado or the appropriate Colorado State Court; and participants hereby consent and submit to the personal jurisdiction of such court for the purposes of litigating any such action, and any right to a trial by jury is hereby waived; (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any participant and/or Sponsor shall be resolved individually, without resort to any form of class action; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event will participants be entitled to receive attorneys' fees or other legal costs; (d) under no circumstances will participants be permitted to obtain injunctive or other equitable relief and a participant's sole remedy will be an action at law for damages to the extent allowed by sub-paragraphs (c) and (e) of this Rule; and (e) under no circumstances will participants be permitted, and participants hereby waive all rights, to: (i) claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of pocket costs described in (c) above; and (ii) have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant and/or Sponsor shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect or regard to any principles or doctrines of conflicts of law of the State of Colorado or any other jurisdiction. If any provision of these Official Rules shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Sponsor will not be responsible for typographical or printing or other errors, administration of the Contest, the announcement of the Prizes or other inadvertent errors in these Official Rules or other materials relating to the Contest. All federal, state, and local laws apply. All entries become property of Sponsor and will not be returned. Void in all jurisdictions other than the 50 United States and WashingtonD.C., and where prohibited by law.

 

 

 

     

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